Following the UK’s exit from the EU on 31 January, a transition period will apply until 31 December 2020. During this period, the UK and the aviation sector will continue to follow EU law and to participate in the European Aviation Safety Agency (EASA) system. As a result, businesses and individuals operating in the UK should see no change to existing conditions during the transition period, while the longer-term UK-EU relationship on aviation is determined. Please see the homepage for further details.
A fuller outline of the position as the UK enters the transition period is available here.
While the respective positions outlined in the UK Government and EU negotiating mandates indicate what both sides want in terms of future agreements on air transport and aviation safety and security, the conditions that will exist after the end of the transition period are still uncertain. Given this uncertainty, the FAQ information below should not be regarded as exhaustive and will be subject to change.
As the UK-EU negotiations move forward and more information becomes available, the CAA will update these FAQs and notify stakeholders of the updates through the SkyWise alert system. If you haven’t already done so, please subscribe to the EU exit category in the SkyWise system: skywise.caa.co.uk
On the basis that the UK’s membership of the EASA system ceases at the end of the transition period and if there is no mutual recognition of safety certificates between the UK and European systems, organisations (Part 21 Subpart G) manufacturing aeronautical products for the European market might need to take action to maximise continuity and stability for the aviation sector. Actions required would depend on individual circumstances and are a matter for each business and individual to consider. This page sets out what you need to consider to prepare for such an eventuality.
PART 21-G PRODUCTION ORGANISATION APPROVAL (POA) - UK PRINCIPAL PLACE OF BUSINESS
Can my POA ensure acceptable releases of parts and spares in the scenario where we can no longer use an EASA Form 1 because UK participation in EASA has ceased and there is no mutual recognition of safety certificates?
Provision has been made to retain Part 21 in UK legislation. This is intended to include a CAA Authorised Release Certificate – the CAA Form 1, which has been designed to have a near-identical layout to the EASA Form 1. A template of the form can be found here: CAA Form 1
In this scenario, oversight would continue to be performed by the CAA using the same personnel, the same requirements and therefore to the same standard as those in place immediately beforehand. Organisations with Part 21 POA approvals issued by the CAA would be authorised to make releases using the CAA Form 1 from the day this scenario took effect.
While the UK would no longer be part of the EASA system, the same technical regulations and standards would continue to apply in the UK, and UK industry would be subject to the same CAA oversight as it was previously. There would be no practical reason for other authorities not to accept UK-issued safety certificates, though that decision would be a matter for the EU and EASA.
To minimise potential disruption to industry and passengers, the legislation includes provision for UK recognition of EASA approvals and certificates for up to two years after the end of the transition period to allow the continued acceptance of EU-produced components and spares for UK operators and organisations.
New agreements have been developed between the UK and Japan's Civil Aviation Bureau and ANAC of Brazil to ensure acceptance of the CAA Form 1. We have also agreed new bilateral procedures with the US FAA and with Transport Canada to provide continuity should UK participation in EASA and mutual recognition of safety certificates cease.
The aim of all these arrangements is to establish export and import frameworks similar to today’s.
I currently have a Part 21 Subpart G approval located in the UK, what would the impact be on my organisation?
On the basis that the UK’s membership of the EASA system ceases at the end of the transition period and if there is no mutual recognition of safety certificates between the UK and European systems, you would no longer be able to make releases using an EASA Form 1. UK legislation would be amended so that production organisations approved to Part 21G by the CAA would remain approved and may continue to make production releases using a CAA Form 1. We cannot guarantee mutual acceptance of that release outside the UK and its bilateral partners.
To be able to produce and release parts using an EASA Form 1 and restore mutual acceptance within the EASA Member States, UK-based production organisations would need to obtain an EASA Part 21 Subpart G approval directly from EASA.
Can I seek a new 21-G approval from EASA before the formal withdrawal date?
EASA has said that it will accept third country applications from UK holders of 21-G approvals. Organisations will need to decide whether, on the basis that the UK’s membership of the EASA system ceases at the end of the transition period and if there is no mutual recognition of safety certificates between the UK and European systems, they wish to retain both a national and an EASA approval.
The CAA would intend to continue to recognise current (and valid) EASA certificates for an initial period of up to two years, but no decision has been made about validity beyond this period.
Organisations will need to retain their UK approvals should they wish to access the benefits of any Bilateral Air Safety Agreement the UK has in place with third countries. Having a third country approval from EASA is unlikely to give you access to the benefits of the EU’s current Bilateral Air Safety Agreements.
Would I be able to continue to issue EASA Form-1 certificates for my products?
On the basis that the UK’s membership of the EASA system ceases at the end of the transition period and if there is no mutual recognition of safety certificates between the UK and European systems, you would no longer be able to issue EASA-approved Form 1 certificates. Organisations approved by the CAA would issue a CAA Form 1 certificate independent of the EASA system.
Can the CAA advise what the CAA Form 1 would look like?
A template is available here. As can be seen, the technical information remains largely unchanged and the Form is to be completed in accordance with the existing Instructions and AMC/GM with the exception that the Authority information in the header and the Form Reference itself (CAA Form 1 rather than EASA Form 1) is changed.
Would Form 1 certificates issued by UK organisations be accepted by EASA for use on EU-registered aircraft?
Organisations located in the UK are able to apply for an approval directly from EASA. You are advised to contact EASA as soon as possible to discuss the application process. On the basis that the UK’s membership of the EASA system ceases at the end of the transition period and if there is no mutual recognition of safety certificates between the UK and European systems, it is understood CAA Form 1 releases would not be accepted by EASA for use on EU-registered aircraft.
Would CAA Form 1 certificates issued by UK organisations be accepted by third countries (e.g. USA)?
CAA Form 1 certificates would be accepted by those states the UK has bilateral aviation safety arrangements in place with; including the USA, Canada, Japan and Brazil.
The CAA and FAA have agreed new implementing procedures for the existing bilateral agreement that would come into force as soon as required. Details of which can be found here.
The aim of all these arrangements is to establish export and import frameworks similar to what exists today.
Would CAA Form 1 certificates issued by UK organisations be accepted by third countries where we have no bilateral air safety arrangements in place?
Would there be any impact on my business if my Part 21-G approval is issued by EASA?
Within the EU there should be no restrictions on what you can manufacture, providing the design is approved in the EASA system. However, approval by the CAA would be necessary for products, parts and appliances that would be exported to a State where the UK has entered into a bilateral air safety arrangement.
My organisation releases parts to European aerospace companies via a Certificate of Conformity (C of C), would I still be able to manufacture products using this process?
PART 21-G PRODUCTION ORGANISATION APPROVAL (POA) – APPLICATIONS FROM OUTSIDE THE UK
As an overseas Part 21 POA Holder (approval issued by the NAA of an EU member state or directly by EASA), do I need to apply for a UK third country approval to be able to continue to supply production parts to the UK with an EASA Form 1?
On the basis that the UK’s membership of the EASA system ceases at the end of the transition period and if there is no mutual recognition of safety certificates between the UK and European systems, you would not need to apply - provided your NAA/EASA Part 21G approval was in place on the date this scenario took effect. UK legislation would provide for the continued acceptance of EASA Form 1s received from overseas POAs holding valid Part 21G approvals on the day this scenario took effect for a time-limited period and CAA does not intend to accept applications from such organisations during this period.
An organisation obtaining Part 21G approval from EASA or an EU Member State after this scenario took effect would need to make an application for a UK third country approval. The arrangements for continued acceptance of EASA Form 1s would not apply.